How Do I Appeal a County Court Judgment in a Criminal Action?
As a criminal defendant in a county court case, you have the option to appeal an adverse order to the district court of the same county. This type of appeal is governed by Colorado Rule of Criminal Procedure 37, and has different rules and deadlines than a traditional appeal to the Colorado Court of Appeals.
To begin the appeal, you must file and serve the following two documents within 35 days of entry of the adverse decision in the county court:
- Notice of Appeal: One original to the county court, one original to the district court, and one copy for the district attorney; and
- Notice of Record & Designation of Record: One original to the county court, one original to the district court, and one copy for the district attorney.
For self-represented litigants, a fill-in-the-blank Notice of Appeal and Designation of Record on Appeal can be downloaded in PDF or Word form from the Colorado Judicial Branch’s Web page.
At the time of filing these documents, you will also be responsible for paying various fees. These fees include a filing fee of $70, and may also include an appeal bond (price varies), a fee for transcripts (price varies), and a fee for preparation of the record on appeal (price varies). The clerk of court will assist you in determining what fees you are responsible for paying.
Once you have timely filed all necessary documents and paid all necessary fees, the county court will prepare the court record within 42 days. Your appellate brief must be filed with the district court and served on the district attorney within 21 days of the court’s filing of the record on appeal. The district attorney will have 21 days following receipt of your brief to file an answer, then you may submit a reply brief within 14 days of receipt of the answer.
After briefs have been filed, the district court will decide your appeal without a hearing, and mail a written ruling to all parties.
To speak with a knowledgeable attorney about your appeal, contact the Alderman law Firm today.